HomeMy WebLinkAbout1988-11-22; City Council; Resolution 88-412.I r 3 II 0 0
1 RESOLUTION NO. 88-412
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING
AND DIRECTING THE CONDEMNATION OF CERTAIN REAL PROPERTY IN THE CITY OF CARLSBAD, STATE OF CALIFORNIA, AND DECLARING THE PUBLIC NECESSITY THEREFOR
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hereinafter referred to as "the project"; and 8
proposes to acquire property for the proposed Alta Miri 7
WHEREAS, the City of Carlsbad, State of Cali
9 WHEREAS, the City of Carlsbad may exercise the r,
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purposes pursuant to California Code of Civil Procedure 11
eminent domain for the acquisition of real property fc
Plan; and 20
consistent with all elements of the City of Carlsbad's 19
proposed location, purposes, and extent of the proj 18
California Government Code, Section 65402, found th 17
the City of Carlsbad, pursuant to the provisions 16
WHEREAS, on November 4 I 1987, the Planning COmmiS 15
40401(b) ; and 14
Government Code Section 37350.5, 6950 through 695 13
1240.010, 1240.110, 1240.120, and 1240.610, togethe, 12
21 WHEREAS, the Planning Director of the City of C
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has determined that this project is categorically exem]
such filing, the decision of the Planning Director will k 26
provided no objection is filed within thirty (30) day: 25
the Office of the San Diego County Clerk on September 12 24
environmental review, a Notice of Exemption has been fil
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1 WHEREAS, the real property sought to be acqui
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located within the territorial limits of the City of C,
and is necessary for the proposed project; and
4 WHEREAS, the City of Carlsbad has established the
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which it believes to be the just compensation fc
hereinafter described real property sought to be acquired
7 WHEREAS, pursuant to Government Code Section 7267
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City of Carlsbad has offered to the owner of said real p
the full amount established as just compensation for sa,
10 property sough to be acquired; and
11 WHEREAS, the City of Carlsbad has provided said o
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just compensation; and 19
the offer of the amount established by the City of Carl 3.8
to be acquired, and the owner has failed to favorably res 17
the date of the offer to the owner of the real property 16
WHEREAS, a reasonable length of time has expire1 15
real property sought to be acquired: and 14
basis for the amount established as just compensation : 13
said real property a written statement of and summary
20 WHEREAS, pursuant to the provisions of Californ:
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property sought to be acquired whose name and address 22
of Civil Procedure, Section 1245.235, the owner of tl
Section 1240.030. 27
the matters referred to in California Code of Civil Prc 26
has been provided with an opportunity to appear and be h 25
a Notice of Intention to Adopt a Condemnation Resolutil 24
on the current equalized County Assessment Roll, has be 23
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NOW, THEREFORE, BE IT RESOLVED by the City Counci:
2 City of Carlsbad as follows:
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2. That the public interest and necessity rem 4
1. That the above recitations are true and corrc
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good and the least private injury. 8
a manner which will be most compatible with the greates’ 7
3. That the proposed project is planned and lo( 6
proposed pro j ect .
9 4. That the real property, hereinafter descr
10 this Resolution, is necessary for the proposed project.
11 5. That the proposed project is a matter of
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the proposed project is a public use and a use authoi 15
hereinafter described real property for the use and pur] 14
6. That the use of all and each and every part 13
necessity.
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law.
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e e
7. That the public interest and necessity requ.
the property hereinafter described in this Resolut
taken.
8. That the City Council of the City of Carlsbal
appoints and retains the law firm of Asaro & Keagy as
Counsel for this action.
9. That the City Council of the City of Carlsba
authorizes deposits with the Court required for said act
PASSED, APPROVED AND ADOPTED at a regular meetinc
Carlsbad City Council held on the 22nd day of November
1988, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux an(
NOES: None
ABSENT : None
ATTEST:
ALETHA L. RAUTENKRANZ, City derk
(SEAL)